Update 1
In today's Citizen there is an update to the Code of Ethics. It seemingly has been put away for a while.
It also relates that Joe Hoffman showed up, gave a bit of history, and disputed that the Selectmen can put them into place on their own:
Prior to this, recent selectman candidate Joseph Hoffman brought a bit of information on the subject of these ethical codes to the attention of the board.
Hoffman pointed out that at the 1996 town meeting a petition Warrant Article, Article 10, was presented to the town to enact a very similar code of ethics. The measure was later defeated but this did not negate point Hoffman had to make.
Hoffman took issue with published comments by Town Administrator Evans Juris that because the new Code of Ethics and Code of Conduct are considered policy issues they could be approved by selectmen.
Hoffman said that codes would require a public hearing and might even need to be submitted to voters.
Since it didn't state it in the article, I bet the RSA that he brought forward is the one at the bottom of the post - RSA 31:39-a that states that the Legislative body can implement this....and does not mention the Executive branch being able to do so.
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Even the best of intentions can go awry and run afoul of "stuff". I am hoping that this is one of those cases....
And I thought I was verbose at times. For once, I think I can say something shorter and faster:
Obey the laws (always),do the right thing (always), and
be nice (at least the vast majority of the time).
I don't think that Gilford needs this overwritten and overbearing Code of Ethics. Yes, there may be some problems in a few cases - but those should be able to be dealt with as single cases and not running to define exact cases and exact solution. By overwritten, I believe that it tries to go down the path of legislating behavior, with the adding problem of who gets to determine the yea and nay of that behavior - which can be very dangerous if the wrong person is in charge or is of the opposite political persuasion and wishes to take advantage of that. Effectively, this is like Mr. Dormody's CoE writ large and on steroids. By overbearing, it may be better put as overreaching - this is an instrument not of the Selectmen's doing, but created by the Town's professional staff by does require the buy-in and approval of the Selectmen. It assumes that the Selectmen, as the Executive branch, has the authority (as written) to determine behavior of all boards and commissions in Town both to determine stated behavior goals and remedies (such as removal from such boards and commissions) when the accused are found guilty.
Problem is, according to State RSAs, they do not have such authority over the independent Boards in Town - the Budget Committee and the School Board. I'm no lawyer and am only fundamentally acquainted with the RSAs, but this has as much chance in court if challenged as this guy does long term in our localized global warming temps.
Now, I was told verbally and again in an email that the professional staff has been working on this for a quite some time. I do have to wonder about that, when I google just a few phrases from the below CoE and start getting hits on other places that have the same thing? I have no problem with reusing usable and applicable stuff, but I have a hard time with the phrase:
Here are the draft versions of the proposed codes. We have been working on them for quite a while
"quite a while" when I can see that this document is not much more than a screen scrape. Especially if you go to the end of the document and see that even a screen scrape was not done correctly - it helps to get the name of our Town right.
Besides, why would we want a Code of Ethics taken almost literally word for word from another City? One that is has a population of 130,000, awash in money from Silicon Valley, and is facing slews of problems that just don't apply here in our small village?
Anyways, time for the actual text of the proposed CoE - along with commentary!
CODE OF ETHICS
For Public Officials of the Town of Gilford
Adopted by the Gilford Board of Selectmen
Preamble
The citizens and businesses of Gilford are entitled to have fair, ethical and accountable local government which has earned the public's full confidence for integrity. The effective functioning of democratic government therefore requires that:
- Public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government;
- Public officials be independent, impartial and fair in their judgment and actions;
- Public office be used for the public good, not for personal gain; and
- Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.
To this end, the Gilford Board of Selectmen has adopted a Code of Ethics for members of the Board of Selectmen and of the Town's other boards and commissions to assure public confidence in the integrity of local government and its effective and fair operation.
Read the Preamble....effectively, this description of how government should work, via elected and appointed, is Patriotism, Mom, and Apple Pie. Who wants, or could be, against this? The problem is not with the Preamble but how it implemented.
Not only that, but keep the following in mind:
- Does this follow the RSAs of New Hampshire?
- Does this fit the Town of Gilford?
- Does the Board of Selectmen have the authority to put this on ALL boards / commissions in Town?
Also and again, if you don't like this version presented here of the 'Grok, go to this link - read it word for word there....except it is for the CITY of Sunnyvale, CA (and if you are not familiar with it, it is the center of high tech land in Silicon Valley - you can smell the money).
What does this summarize to? Be nice.....follow the law. Anything else is an attempt to legislate behavior.
1. Act in the Public Interest
Recognizing that stewardship of the public interest must be their primary concern, members will work for the common good of the people of Gilford and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the Selectmen, boards and commissions.
I have no problem with the intent of the document at all (heck, I have no problem with "civility"). What I have a problem is in the politicization of it - as I found out this past year, when one challenges those that disagree with your views and philosophies, discussions get heated and lots of adjectives get hurled around. I have found out since in talking with other people in other towns, this happens - get used to it even if the adjectives and adverbs really don't apply.
As with the "shot down" Advisory Budget Committee, who will be in charge? My example then was if the Selectmen had a beef with the School Board, it could have been stacked that Advisory BudComm against the SB and voted down anything they wanted. Just because it is politics. Ditto over the issue of civility - I would not want someone of the opposite view with and idea of "winning at any cost" sitting in judgement of my behavior.
The same is here - the fundamental problem is not wanting eithical behavior; rather, who enforces it and how? And who has that legal authority?
Continue reading "Code of Ethics - redeux" »